How Can I Find Out If My Business Name is Already Taken?

As you start your business, this is a critical but often overlooked question you must answer amid all the excitement.

When brainstorming, you may have the perfect name that captures the essence of your brand. But that name might not be available if someone else is using it. 

Here are the steps you need to take to ensure no one else is using your business name before you print the business cards and launch the website.

1. Conduct a basic Google search,

2. Search to see if the domain is available.

3. Check out various social media handles.

4. Check Business registration databases.

5. Do a trademark search in the USPTO database.

6. Hire an attorney or trademark specialist.

Let’s go into a bit more detail.

Watch Temi Siyanbade break down the different steps you can take to find out if your business is already taken.

1. Conduct a Preliminary Google Search

Start with a simple Google search. Type your prospective business name into the search bar and see what pops up. If businesses with the exact or very similar names pop up, especially within your industry, it might be a sign that you should consider a different name.

2. Domain Name Availability

To search to see if the domain is available, check out things like Google Domains, GoDaddy, Namecheap, or Bluehost. Even if you're not ready to launch a website, securing your domain early is a smart move that I always recommend. Just don’t stop there because owning a domain name by itself is not enough to secure your rights. Check out my YouTube video about this here.

3. Check Social Media Handles

It's not just about the name; it's also about branding. Ensure that your business name (or a close variation) is available on major social media platforms like Instagram, Facebook, Twitter, and LinkedIn.

4. Check Business Registration Databases

Most states in the U.S. have online databases where you can search registered business names. Find your state's Secretary of State website or equivalent, and navigate to their business search page. 

But remember, just because a name is taken in one state doesn't mean it's taken in another. I’ve had clients hire me after receiving cease and desist letters from businesses in other states that have greater rights to the business name because of earlier use. The best practices would be searching all the US databases, and most attorneys have tools and resources to check multiple states at the same time.

5. Use the USPTO's Online Database

Many people know to search the USPTO office but don’t search it thoroughly enough. Access the TESS system by visiting https://www.uspto.gov/trademarks-application-process/searching-trademarks. Then, search their database for federally registered trademarks. Be sure to search your business name and other similar words.  If your business name or something very similar is trademarked, you are signing up for legal issues down the line.

6. Hire a Professional

While these DIY steps are a great start, there's no replacement for professional insight. Consulting with a business or trademark attorney can help ensure that your business name doesn't infringe on existing trademarks, saving you potential headaches in the future.

Choosing a unique and available business name is one of the most important things you can do for your business and brand. You want to do everything you can to avoid legal complications from the beginning because these issues cost a lot of time and money to fix. By following these steps and seeking professional counsel, you're on the path to establishing a strong and legally secure business foundation. 

Next Steps

If you have any questions or need assistance checking to see if your business name is available, don't hesitate to schedule a call with me today. I can help you check the different databases, analyze the results, and give you advice about what it would take to protect that name from others copying it.